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In re Honore12/3/2003
VICTORY, J., dissents and assigns reasons.
TRAYLOR, J., dissents for reasons assigned by Weimer, J.
WEIMER, J., dissents and assigns reasons.
This disciplinary matter arises from one count of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Derek John Honore, an attorney licensed to practice law in Louisiana.
UNDERLYING FACTS
Addison Matter
In 1996, after graduating from law school but prior to his admission to the Louisiana bar, respondent was employed as a paralegal/law clerk at the Law Offices of Jason Rochon and Associates ("Rochon firm"). During this time, Gaynell Armwood Addison retained the Rochon firm to represent her in connection with a personal injury matter. Ms. Addison's matter was handled by respondent. Ms. Addison assumed respondent was a licensed attorney, and he made no efforts to advise her otherwise. During the course of the representation, Ms. Addison attempted to contact respondent regarding the status of her case, but was unsuccessful. Respondent failed to file suit on behalf of Ms. Addison and her case prescribed.
In October 1998, respondent was admitted to the bar. Days later, respondent forwarded a check in the sum of $1,600 to Ms. Addison. He did not provide her with an explanation for the payment and she remained unaware that her case had prescribed.
Subsequently, Ms. Addison filed a disciplinary complaint with the ODC. When respondent failed to comply with the ODC's request for information regarding the complaint, the ODC issued a subpoena to compel his cooperation. In his statement, respondent suggested that it was his intent to pay some money to Ms. Addison "for the damage he had done," but without disclosing to her that her suit had prescribed and that she had the right to seek independent counsel to advise her concerning any potential malpractice claim.
Malbrough Matter
After his admission to the practice of law, respondent continued to work at the Rochon firm. Mr. Rochon was counsel of record for Mary Malbrough, who had a personal injury matter pending in the 15 Judicial District Court for the Parish Lafayette. By 1999, Mr. Rochon had largely abandoned his practice. As a result, respondent made an appearance at a pre-trial conference on behalf of Ms. Malbrough. However, respondent did not file the appropriate motions into the court record as ordered, nor did he advise Ms. Malbrough of his failure to do so.
On the day trial was scheduled in Ms. Malbrough's case, neither respondent nor anyone else from the Rochon firm appeared on her behalf. When contacted by the court, respondent, who was in New Orleans, requested a continuance. The trial judge denied the continuance and ordered respondent to be in court in Lafayette in two and one-half hours to commence trial. Respondent failed to appear as ordered, and did not communicate with the court. As a result of respondent's failure to appear, the trial judge dismissed Ms. Malbrough's case with prejudice. Respondent failed to notify Ms. Malbrough of the dismissal.
Subsequently, the trial judge filed a complaint with the ODC. Respondent failed to comply with the ODC's requests for information concerning the matter.
Anderson Matter
Mae Thelma Anderson retained the Rochon firm to represent her in a personal injury matter pending in the 15 Judicial District Court for the Parish of Lafayette. Mr. Rochon was listed as Ms. Anderson's counsel of record in the case.
Prior to a hearing on a motion for summary judgment in the case, respondent agreed to enroll as counsel and take over Ms. Anderson's repres
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